NEW YORK, N.Y. — Legal Services NYC (LSNYC) has filed a federal lawsuit against Mayor Eric Adams, the NYC Department of Environmental Protection (NYC DEP), and the NYC Water Board, challenging the city’s policy of targeting vulnerable homeowners with water shut-offs during one of the hottest summers on record.
The lawsuit, filed on behalf of seven vulnerable homeowners, alleges that the Adams administration’s actions violate due process rights, the New York State Constitution, federal laws, and city and state anti-discrimination laws. LSNYC also filed a preliminary injunction seeking to immediately stop the City from turning off the water for these individuals, as it poses a life-threatening risk.
“The imminent threat to my son’s life posed by loss of running water was in the forefront of my mind as I petitioned family and friends for money,” said Theresa O., a plaintiff using a pseudonym. “I am a very private person, and the necessity of sharing personal details of my current hardship was difficult and made even more shame-inducing by NYC DEP’s public marking of my home for water shut-off. Even now, whenever I hear a loud noise outside my home, I become fearful that NYC DEP has come to shut off my water. Living with this stress is very difficult for a person in my condition with the other hardships I am currently facing.”
In March, Mayor Adams announced that the City would target large commercial entities for delinquent water bills. However, the administration has instead focused on low-income one- and two-family homes, whose residents are disabled, elderly, have small children, are veterans, or are victims of deed theft—communities for whom a water shut-off is life-threatening. Recent reports indicate that the largest water debtors in New York City are state-controlled entities like the MTA, Riverbank State Park, and the Port Authority, collectively owing $76.5 million.
“Unfortunately, this is not a new tactic by NYC,” said Jacquelyn Griffin, a senior staff attorney at Brooklyn’s Homeowner Rights Practice at LSNYC. “What stands out here, however, is the seeming indifference and even outright hostility toward implementing the very protections put in place to allow our most vulnerable citizens to continue living with basic human dignity in this City.”
The complaint alleges that the NYC DEP demands large down payments and unaffordable payment plans from residents who are legally exempt from shut-offs, including those with serious medical conditions, children, and seniors. Some of these individuals are not required to pay due to disabilities, while others, such as victims of deed theft, are unable to negotiate payment plans because their home titles have been stolen.
New York’s legal and regulatory framework clearly states that the NYC DEP “shall not terminate” water services to those who are blind, disabled, children, or aged 62 or older. The New York State Constitution also guarantees individuals the right to water.
One plaintiff, Junior Beckford, a 65-year-old driver at JFK Airport with type 2 diabetes, has lived in his Brooklyn home for over 30 years. Beckford fell victim to a deed theft scheme and is still fighting to regain his title. Despite multiple attempts to resolve his outstanding water bill, which ballooned after scammers neglected to pay it, the NYC DEP refuses to enter a formal payment plan with Beckford because he is not the title holder and will not lift the shut-off threat without a 10% down payment.
Another plaintiff couple, Elvira and Francisco Tavarez, live in a two-family home in Queens with their son and daughter. Mr. Tavarez has a debilitating blood disorder, limiting his ability to work. After receiving a water shut-off notice, the Tavarezes went to the NYC DEP offices to resolve the bill but were told they must make a 10% down payment, which they could not afford. At no point did anyone from NYC DEP inform them that they were exempt from a water shut-off without a down payment due to Mr. Tavarez’s medical condition. The family lives in constant fear of their water being shut off.
“It is both alarming and disgraceful that New York City, one of the largest and most well-resourced cities in the world, is threatening to shut off the water of New York’s most vulnerable,” said Shabnam Faruki, Director of Brooklyn’s Homeowner Rights Practice at LSNYC. “Instead of offering payment plans, explaining exemptions, or following the law, the City is shaking down low-income New Yorkers for arbitrary dollar amounts and threatening to cut off their water supply in the height of the summer heat. We hope this lawsuit forces this administration to follow the law and provide struggling New Yorkers with the resources and support they need instead of cutting off their water and pushing them out of their homes.”
The lawsuit demands that the City stop threats of water shut-offs for protected groups; comply with due process requirements like providing clear information about exemptions and payment plans; provide meaningful access to reasonable accommodations for people with disabilities; and award damages. LSNYC has also filed a preliminary injunction motion seeking an immediate halt to water shut-offs for plaintiffs and protected groups.
